Arbitrator’s Finding That A Contract Was Procured By Fraud Precludes Prevailing Party From Recovering Attorneys’ Fees Under The Contract

Having received a favorable arbitration award entitling it to payment for construction services rendered to a veterinary clinic, the contractor sought in the judicial confirmation proceedings to recover its attorneys’ fees as the prevailing party pursuant to a provision in the contract. Standing in its way was a finding by the arbitrator that the clinicContinue reading “Arbitrator’s Finding That A Contract Was Procured By Fraud Precludes Prevailing Party From Recovering Attorneys’ Fees Under The Contract”

Court Rules In Favor Of Arbitration In Class Action Challenge

“Instant Checkmate, Truthfinders Compel Arbitration in Class Suit.” Holly Barker has this article in Bloomberg Law, which begins, “The Control Group Media Co., the holding company for Instant Checkmate LLC and Truthfinders, won its motion to compel arbitration in a proposed class action alleging that the “people search” services failed to remove expunged and sealedContinue reading “Court Rules In Favor Of Arbitration In Class Action Challenge”

Bankruptcy Filing Does Not Abrogate Contractual Arbitration Provision

In HCB Enterprises, LLC v. Dickey’s Barbecue Restaurants, Inc., a restaurant franchisee, having filed for bankruptcy under Chapter 11, filed a plan that purported to reject the arbitration clauses in agreements with a creditor. The court rejected the debtor’s attempt to avoid arbitrating disputes, holding that, under recent Supreme Court precedent, a rejection of contractContinue reading “Bankruptcy Filing Does Not Abrogate Contractual Arbitration Provision”

50% Company Owner Subject To Company’s Arbitration Agreement

The U.S. District Court in Maryland has held that a 50% shareholder of a company that provided pickup and delivery services to Fed Ex is subject to the arbitration provision that the company executed with Fed Ex. In Sui v. FedEx Ground Package System, Inc., the court found determinative that the plaintiff’s claims were basedContinue reading “50% Company Owner Subject To Company’s Arbitration Agreement”

Non-Brokerage Customer Seeks To Arbitrate Claims Based Upon Broker’s Offering Materials

“UBS Says Investor in “Called” ETNs Can’t Arbitrate Loss.” Vicky Ge Huang provides this article at AdvisorHub, which begins “UBS Financial Services has asked a Texas court to enjoin an investor from pursuing his securities fraud arbitration claim tied to UBS leveraged exchange-traded notes because he is not a UBS customer.”

Plaintiffs’ Counsel Contemplating 9100 Individual Arbitration Claims In lieu Of Class Action

“Latest mass arbitration wrinkle: Plaintiffs’ lawyers want court permission to contact DirecTV customers.” Alison Frankel of Reuters has an article that begins, “One of the big disincentives for plaintiffs’ lawyers contemplating mass consumer arbitration has always been the cost of finding clients. It’s an economics thing. You don’t want to spend a lot of moneyContinue reading “Plaintiffs’ Counsel Contemplating 9100 Individual Arbitration Claims In lieu Of Class Action”

Court Holds Employment Application Requires Arbitration

“California Brewery Worker Must Arbitrate Background Check Claims.” Jacklyn Wille of Bloomberg Law reports on this decision by the U.S. District Court (California) in Dominguez v. Stone Brewing Co., which begins with the observation that “California craft brewery Stone Brewing Co. successfully maneuvered a proposed class action challenging its employment applications and background checks intoContinue reading “Court Holds Employment Application Requires Arbitration”

Arbitration Pre-Emption Battle Takes Shape

“WeWork Executive Wants Fast Appeal of N.Y.-Based Arbitration Ban.” Patrick Dorrian has this article in Bloomberg Law, which describes the legal issue as follows: “Ayesha Whyte wants the Southern District of New York to certify for interlocutory review for the Second Circuit the question of whether the Federal Arbitration Act preempts New York Civil PracticeContinue reading “Arbitration Pre-Emption Battle Takes Shape”

Court Erred In Ignoring An Arbitration Award That Entered Prior To The Court Deciding Similar Issues

The New York Appellate Division determined that timing is everything, in reversing an Administrative Law Judge’s decision that ignored a contrary decision of a labor arbitration. In the Matter of the Claim of Matthew Bruce, the ALJ refused a collective request of the parties to adjourn a hearing addressing the claimant’s discharge, pending the issuanceContinue reading “Court Erred In Ignoring An Arbitration Award That Entered Prior To The Court Deciding Similar Issues”